Trademark is a symbol used to individualize goods and/or services provided by market participants, both legal entities and businessmen.
This definition is very broad and it hides plenty of nuances. In one case it can be presented by a picture or by a word, in another one it can be a logotype with several elements.
Russian law states that there are different types of a trademark: a verbal, graphic etc. At the same all types of trademarks and its colors can be combined.
Trademark is a directly connected to a product asset. Its value mounts with time and product promotion.
A bright memorable trademark determines product success future and business success in many aspects. A customer would prefer a product marked with a famous brand rather than one of a dubious company.
Trademark needs to be protected as any other value. A registration is the only legal way to secure a trademark from infringements and to confirm its uniqueness. A certificate is issued to a trademark owner for 10 years and it can be enlarged for other decades repeatedly.
A trademark owner can use it at his pleasure including a right to sell or to mortgage it, to allow or to forbid its use.
Any sale or license have to be registered in the Patent Authority.
Trademark registration is not just a formal procedure. Of course, it is essential that all documents have to be drawn in compliance with formal requirements. Still, at the same time one needs to be very creative and look for the best solutions in full measure, because applicant’s interests have to be considered carefully in the context of market competition. It is necessary to value originality of a future trademark and probability of its registration, to help an applicant to determine the sphere of its use. Some additional work and modification of a firstly-offered trademark is often required so that the chances of registration and visual perception would be better. Such modifications are made after a research on similarity and registrability of a future trademark.
Some time and knowledge of law are required to pass all formal procedures. This is why it is a usual practice to entrust specialists – patent agents - with a procedure of registration.
Trademark registration is the main line of activity. Our specialists have all necessary qualifications and experience so that a declared image meets all requirements and registration finishes as fast as possible according to the law. A professional trademark registration guarantees absence of conflicts with competitors.
Card Patent provides a full complex of services in:
- Examination of a sign on preregistered trademarks and originality of a performance;
- Preparation and making a trademark application;
- Correspondence with Federal Institution of Industrial Property experts;
- Receipt of a trademark certificate;
- Making alterations in the Certificate and in Federal Register of Trademarks;
- Prolongation of a trademark each decade.
- trademark name or description
- full applicant name, registration number
- full legal address
- telephone number, fax number, email address
- bank details
- director (appointment, full name)
- list of goods
Universal smile day is celebrated in the first Friday of October. This holiday appeared in 1999 and it is dedicated to the invention of a ‘smile’ –image of a smiling yellow face.
Smiley was created by Harvey Bell in 1963 on demand of the insurance company that had ordered him to design a logotype. Bell received 45$ for his idea of a smiley.
Several months later smiley gained popularity and after having been placed on insurance badges it was copied and depicted everywhere: from match-boxes to stamps.
Speaking about the author, it is necessary to say that he had never tried to patent his picture and assume his right for smiley. Vice versa, Bell was happy about the fact that his creation had become known all around the world and anyone could use his smiley.
In 2002 the architectural appearance of Kaliningrad Cathedral was registered as s trademark. It means that GUK ‘Kafedralniy Sobor’ has to earn 0,5% of income from any commercial business that deals with use of the cathedral image, fir example, from sale of postcards or any other goods with its image (including cigarette packs ‘Sobornye’ and vodka ‘Vostochno-prusskaya’). Director of GUK ‘Kafedralniy Sobor’ claims that all earned funds will be used for restoration of the cathedral.
Firm Apple is the most expensive trademark of the world. In 2011 its price increased for 84% and reached 153,3 billion dollars. On the second place goes Goggle which price decreased a little previous year (at the moment it costs 111 billion). IBM, founding father, stays at the third place with 100,85$ price. The next place is occupied by Ronald Macdonald. The great five is crowned with Microsoft (78,24 billion dollars). We should also mention Facebook that is on the 35 place (19,1 billion dollars) with its enormous increase for 246%.
In the great ten there are also McDonald’s, Coca-Cola, Marlboro and others. Russian companies are presented in the great hundred – MTS and Sberbank. MTS price has increased for 12% recently according to Millward Brown Optimor.
Trademark history goes through centuries and it is impossible to fix the data of the first one.
Beginning from 5000 B.C. mass production of utensils marked with the emperor name, manufacturer name and production place began.
Hellenistic author Horapollo wrote his ‘Hieroglyphica’ in the 5th century A.D. and it was published in the 15th century. He considered hieroglyph not as elements of Egyptian language but as ideograms that passed ideas. Some of Horapollo hieroglyphs (such as Phoenix) became emblems.
Symbolism and emblematic had a fantastic development in medieval Europe. Military emblems took a lot of splendor inn the 15th century as numerous mottos decorated hats, camisoles, armor and harness.
The official marking of gold and silver in England began in 1300 when Edward I introduced the law that obligated jewelers to sell their jewel only in condition of its marking. Fraudsters were sentenced to death.
Merchant signs are a very interesting phenomena. They were personal marks that were used by merchants in Europe from the 13th to the 16th centuries. They can be considered as predecessors of modern trademarks because they indicated merchant name and guaranteed a appropriate quality. Printer signs appeared in the 15th century (marks in books that identified its printer). For example, double shield of Johannes Gutenberg that appeared in books published in 1462.
By the 16th century emblems decorated both castles of aristocrats and taverns. Moreover, they were widely used in trade.
The first statute concerning trademarks were adopted in 1266 be English Parliament under the rule of Henri III. Under this statute each baker had to mark his bread.
On the 13th of August 1875 the first Act of Trademark Registration was adopted. It granted to the owner of a registered trademark exclusive rights to use it and, what is more, to bring actions in case of any infringement. Administration of trademark registration was created in London on the 1st of January 1876. The first trademark to be registered was a red triangular of “Bass and Co.” by which ale bottles were marked.
Though Bass and Co. trademark is the oldest one, it is not the first of existing trademarks. In USA trademark registration began 5 years earlier than in England under the Act 1870. The first applicant was ‘Avril Chemical Paint Company’ with its symbol of eagle holding a pot with paint in its beak and a pennant with motto ‘Economically, Beautifully, Firmly”. But the Act 1870 was found unconstitutional and invalid and, as a result, the first registration was invalid. A new act was adopted in 1881. From 1905 USA Patent Agency has been registering all trademarks.
Trademark ‘Pepsi Cola’ was registered in 1898 and its logotype changed regarding fashion of different periods. In 1905, 1908 and 1940 some modifications concerning its print were made. In 1950 the image of cover with logotype appeared and since then this cover changed until 1996 when there was only a circle left that was remade into a children ball. Perhaps, creators try to use people’s attachment to childhood memories and provoke subconscious interest.
It is thought that the first Patent Act was adopted in Venice in 1474, while the first patent was granted even earlier on the 3rd of April in 1449. It was took out by Fleming John Yutman to obtain an exclusive right of manufacturing stained glass for 20 years. Venetian glass is still valued and craftsmen keep their production skills in secret passing it from one generation to another but they do not take out patents because otherwise they would have to uncover their secrets and make it public in 20 years.
The first Patent Act in the USA was adopted in 1970. The first patents were signed by the President himself – George Washington. Some time later Abraham Lincoln said that ‘patents had added fuel in the fire of genius’. He was absolutely right because nowadays the USA is the most creative state judging by the quantity of patents.
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